Ordered that the order is affirmed, with costs.
The Supreme Court correctly denied the plaintiff's motion for costs and an award of an attorney's fee pursuant to CPLR 8303-a. The plaintiff failed to demonstrate that the conduct of the defendants Robert Arbucci and Rosemary Rogers (hereinafter the respondents) and their attorney in asserting a counterclaim sounding in the tort of intentional infliction of emotional distress was frivolous in that it was commenced or...
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